Explanation
Section 124A, on the face of it, appears clear in that it seeks to penalise any activities that lead to disloyalty against or feelings of contempt or enmity against the government.
The right against exploitation is one of the most vital fundamental rights given by the Indian Constitution. These rights aim at protecting citizens from being subjugated to environmental, domestic and work hazards. Article 23- (a) :- freedom from slavery, beggary or other forms of forced labour. The Stae has the power to introduce compulsory service for such persons in order to stop the practice. The State can not discriminate on the grounds of religion, caste, race, colour, etc.
Article 24 of the Indian Constitution prohibits abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines. The practice of bonded labour has also been declared unlawful.
The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious growth and development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender. Aliens (persons who are not citizens) are also considered in matters like equality before law. They are enforceable by the courts, subject to certain restrictions.
The Fundamental Rights is defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions. Hence they make each individual realize their best.
Dr. B. R. Ambedkar called Article 32 of the Indian Constitution i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'.
It was made so because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless. Also, a right which does not have a remedy is a worthless declaration. Thus, the framers of our constitution adopted the special provisions in the article 32 which provided remedies to the violated fundamental rights of a citizen.
The constitution of India has granted equal rights to the men and women. According to article 14 – The State shall not deny to any person equality before law or the equal protection of laws within the territory of India. And Article 15 states – State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them. Although various efforts have been taken to improve the status of women in India, the constitutional dream of gender equality is miles away from becoming a reality.
Fundamental Rights find a place in Part 3 of the Constitution of India. These rights give people protection from oppressive governments and place a duty on the government to uphold them. If our rights are violated by the government, we can go to the court for protection of these rights. There are 6 fundamental rights which are:
Habeus corpus is a writ under which a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention. If any section of people is agitating for separation of a part of the country, habeus corpus and freedom of speech can be suspended.
Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, or Freedom to reside and settle in any part of the territory of India, which is subject to reasonable restrictions by the State in the interest of the general public, or for protection of the scheduled tribes because certain safeguards, as are envisaged here, seem justified to protect indigenous and tribal people from exploitation and coercion are all under the influence of Fundamental Rights.
In India, freedom of the press is implied from the freedom of speech and expression guaranteed by Art. 19(1) (a). There is no specific provision ensuring freedom of the press as such.
The idea of Fundamental Rights was taken from America i.e. U.S. along with important features like Written Constitution, Executive head of state known as President and his being the Supreme Commander of the Armed Forces ideas etc.
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